Terms of Service
1. Acceptance of Terms
Nu Echo provides its service to you, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at: http://www.grammarserver.com/terms.
2. Your registration obligations
In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of Canada or other applicable jurisdictions. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Nu Echo has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Nu Echo has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
3. NuGram™ Hosted Server account and password
During registration for a NuGram Hosted Server account, you will select a username and password. Upon successful registration for the Service, you will receive an account designation. You understand and agree that you are solely responsible for maintaining the confidentiality of your account including your password, and are fully responsible for all activities that occur under your account, including your password.
4. Use of Service
You agree that the Service has been provided strictly for demonstration, testing, and prototyping purposes. Without limiting the foregoing, the service should not be used for deploying a production application.
5. Modifications to Service
Nu Echo reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Nu Echo will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
6. Termination of accounts
You agree that Nu Echo, in its sole discretion, may terminate your account or any part thereof and remove and discard any Content within the Service, for any reason, including, without limitation, (a) lack of use, (b) if Nu Echo believes that you have violated or acted inconsistently with the letter or spirit of the TOS, (c) requests by law enforcement or other government agencies, (d) a request by you (self-initiated account deletions), (e) discontinuance or material modification to the Service (or any part thereof), (f) unexpected technical or security issues or problems, (g) in compliance with legal process; (h) if you have or we believe you have engaged in illegal activities, including without limitation, fraud, and/or (i) nonpayment of any fees owed by you in connection with the Services. Nu Echo may also, in its sole discretion and at any time, discontinue providing the Service, or any part thereof, with or without notice. You acknowledge and agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice and that Nu Echo may immediately deactivate or delete your account and all related Content associated with or stored in your account and/or bar any further access to such Content or the Service. Further, you agree that Nu Echo is not liable to you or any third-party for termination of your account, or termination of your access to the Service.
7. Proprietary rights
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by Nu Echo, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
8. DISCLAIMER OF WARRANTIES, REPRESENTATIONS, AND CONDITIONS
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NU ECHO EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES, REPRESENTATIONS AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
(b) NU ECHO MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM NU ECHO OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
9. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT NU ECHO SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF NU ECHO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
10. Exclusions and limitations
Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages by compulsory law, the above limitation may not apply to you and/or will be adjusted accordingly.
11. General information
Entire Agreement. The TOS constitute the entire agreement between you and Nu Echo and govern your use of the Service, superseding any prior agreements, oral or written, between you and Nu Echo with respect to the Service. You may also be subject to additional terms and conditions that may apply when you use or purchase certain Nu Echo services, affiliate services, third-party content or third-party software.
Choice of Law and Forum. The TOS and the relationship between you and Nu Echo shall be governed by the laws of the province of Quebec and Canada without regard to its conflict of law provisions. You and Nu Echo agree to submit to the personal and exclusive jurisdiction of the courts located within the province of Quebec, Canada.
Waiver and Severability of Terms. The failure of Nu Echo to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
No Right of Survivorship and Non-Transferability. You agree that your Nu Echo account is non-transferable and any rights to your Nu Echo account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all Content permanently deleted.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or related to the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Further Assurances. You agree to use reasonable efforts to do, make, execute, deliver, or cause to be done, made, executed, or delivered, all such further acts, documents, and things as Nu Echo may reasonably require from time to time for the purpose of giving effect to these TOS, including regularly reviewing the TOS and updating your registration information.
Language. The parties hereto have agreed that this Agreement and any of its accessories, including notice, be written in the English language. Les parties aux présentes ont exigé que ce contrat et ses accessoires, y compris tout avis, soient rédigés en anglais.
The section titles in the TOS are for convenience only and have no legal or contractual effect.